Post by anik4700 on Feb 28, 2024 3:49:20 GMT -5
Brazilian criminal process. An example was the possibility for the magistrate to convert the arrest of an accused person into preventive arrest, even without the express request of the accusing body. The transformation promoted by the 2019 law was such that this and other provisions — such as the creation of the guarantee judge — are suspended by preliminary decision of Minister Luiz Fux, of the Federal Supreme Court. The then president of the court considered that these were norms of judicial organization, on which the Judiciary has its own legislative initiative. In this context, the 6th Panel ended up stating that, even in an adversarial system, the judge preserves the freedom to convict someone who the Public Prosecutor's Office, despite having denounced, understands should be acquitted.
Lucas Pricken/STJ For Minister Schietti, forcing the judge to follow the MP's position would give the accusing body the role of judge of the action Lucas Pricken/STJ Free to condemn The winning vote was given by minister Rogerio Schietti, who was accompanied by ministers Antonio Saldanha Palheiro and Laurita Vaz. For Schietti, submitting the judge to the MP's manifestation, instead of reinforcing the accusatory sy Luxembourg Phone Number stem, would end up subverting it: it would transform the accusing body into a judge, ending the functional independence of the judiciary. The minister explained that the MP is the sole holder of the criminal action, but does not have the power to withdraw from it for reasons of institutional convenience. In other words, when the body asks for someone's acquittal, it is not abandoning criminal prosecution. There remains a conflict between the State's punitive interest and the protection of the accused's freedom.
Even if the ministerial body, in final arguments, has not requested the conviction of the accused, the accusatory claim formulated at the beginning of the criminal prosecution remains present — guided by the principles of obligatory, unavailability and the public nature of the process —, the which is judged by the State-judge, through its sovereign power to dictate the law", said Schietti. In a vote, Minister Laurita Vaz added that the system adopted in Brazil is premised on the fact that the judge is the recipient of the evidence, through which he will form his free conviction. "If the understanding that the judge is irremediably linked to the ministerial statement is accepted, this postulate would also be violated, changing the recipient of the evidence, which would become, after all, the Public Prosecutor's Office.
Lucas Pricken/STJ For Minister Schietti, forcing the judge to follow the MP's position would give the accusing body the role of judge of the action Lucas Pricken/STJ Free to condemn The winning vote was given by minister Rogerio Schietti, who was accompanied by ministers Antonio Saldanha Palheiro and Laurita Vaz. For Schietti, submitting the judge to the MP's manifestation, instead of reinforcing the accusatory sy Luxembourg Phone Number stem, would end up subverting it: it would transform the accusing body into a judge, ending the functional independence of the judiciary. The minister explained that the MP is the sole holder of the criminal action, but does not have the power to withdraw from it for reasons of institutional convenience. In other words, when the body asks for someone's acquittal, it is not abandoning criminal prosecution. There remains a conflict between the State's punitive interest and the protection of the accused's freedom.
Even if the ministerial body, in final arguments, has not requested the conviction of the accused, the accusatory claim formulated at the beginning of the criminal prosecution remains present — guided by the principles of obligatory, unavailability and the public nature of the process —, the which is judged by the State-judge, through its sovereign power to dictate the law", said Schietti. In a vote, Minister Laurita Vaz added that the system adopted in Brazil is premised on the fact that the judge is the recipient of the evidence, through which he will form his free conviction. "If the understanding that the judge is irremediably linked to the ministerial statement is accepted, this postulate would also be violated, changing the recipient of the evidence, which would become, after all, the Public Prosecutor's Office.